CP Buyer Update (blog)CP Exchangehttp://www.cpexchange.com/cp-buyer-update-blog2015-03-31T18:03:19+00:00CP Exchangeme@markhenley.comGetting back to cash before the next auction2010-12-25T08:45:55+00:002010-12-25T08:45:55+00:00http://www.cpexchange.com/cp-buyer-update-blog/30-getting-back-to-cash-before-the-next-auctionMark Manoilmark.manoil@gmail.com<h3>Encouraging redemption or selling the tax lien</h3>
<p><br />by Mark Manoil, December 27, 2010<br /><br />A Swiss man once explained to me his country's approach to remaining neutral in 20th Century European conflicts: prepare for war. The country made sure every able-bodied man was prepared to fight (trained and armed) in case of invasion. The Swiss had found that by being war-ready the need to actually defend themselves militarily seldom arose.<br /><br />In the tax lien context, "being prepared for war" is having taken care of the prerequisite jurisdictional noticing, which must precede filing any tax lien foreclosure. In many cases, often more than fifty percent of a maturing or matured CP portfolio will get redeemed simply after the sending of the 30 day notice. That substantially cuts down on the need to go to "war" -- i.e., file the tax foreclosure suit. And noticing may prove to be a less expensive alternative to discounting the sale price of a tax lien to cash out from the investment.<br /><br />Most tax lien buyers will willingly admit that they invest substantial resources in pre-purchase research and because they also incur non-refunded transaction costs, they might prefer to hold their CP investments a bit longer than a year to earn more interest and not have to find a reinvestment opportunity so soon. Besides, as a certificate holder they enjoy a statutory first right to subtax, i.e., pay the subsequent year delinquent taxes accruing on their CP parcels, on or after June 1 following the second half tax due date. <br /><br />If a lien purchased at a February auction is not redeemed in three years, the holder may initiate a tax lien foreclosure on the day after the third anniversary (assuming the notice of intent was properly given at least 30 days before). That means that in the interim between purchasing the tax lien and its maturing for foreclosure, the CP holder will have had the opportunitiy to pay and add to its CP three subsequent years of delinquent taxes--assuming the property owner did not pay any of those taxes--and earn the bid rate of interest for each susbseqent addition to the CP.<br /><br />Each new subtax investment starts a new simple interest "clock" running on that portion of the investment. If all subsequent years are delinquent and subtaxed, the CP would represent four years of taxes, each year representing a different effective internal rate of return (because of the different starting date of that portion of the CP investment).<br /><br /><strong>IRR.</strong> The quality of interest earned on certificates of purchase degrades over time. Because Arizona law provides that the CP bid rate for interest accrues on a simple--not compounded--basis, over time that lack of compounding leads to a lower internal rate of return on the investment. Internal rate of return (IRR) is the compounded annual rate of return on the investment over its life, from and after the initial purchase date, applied to the principal amount of the purchase plus any subsequent contributions.<br /><br />For example, a tax certificate purchased in February 2008 for $1000, and subtaxed for an additional $1000 in June and the months of June in the next two years, if purchased at a 16% bid rate, will have a January 2011 redemption value of about $5,227. The $4000 invested over three years will have earned about $1227 or a total return on investment of 30.67%. The internal rate of return, however, would work out to 14.37%. If the bid rate on the same CP was 7% instead of 16%, the final earnings would be only $537, an IRR of 6.62%. And if no subtaxes had been paid after the initial lien purchase, so that at redemption interest earnings were on the initial outlay of $1000 only, the $467 earned on the 16% CP would represent an IRR of 13.91%; the $204 earned on a 7% CP would represent a 6.52% IRR. Transactional and other costs, such as legal expenses, would further decrease the proceeds and IRR. (Setting up spreadsheets for these calculations are covered in Arizona Property Tax Liens -- Guide to Profit, Protection and Prosecution.)<br /><br />Thus, to enjoy the highest rates of return (ignoring momentarily unrecovered transactional costs of investing), ideally a CP investor would experience redemption within twelve months from making its investment, and then get to reinvest those cash proceeds at the same or higher rate. In this way earned interest would be put to work as principal invested in the replacement and be the basis for additional future interest earnings.<br /><br />Much has been written recently about large banks and hedge funds investing in property tax liens. Often the prime motivation for these investors is earning interest passively, not ultimately foreclosing on the tax lien parcels.<br /><br />Historically, 80-90 percent of tax liens are redeemed before the three year anniversary that triggers foreclosability. What's left at the three year mark, then, often has a couple predictable features:<br />(i), the tax liens are less leveraged, i.e., more tax debt is owing against the property in relation to the property's value; and<br />(ii), the CPs are likely to need legal work to be either collected or foreclosed.<br /><br />In our experience, the 30-day noticing process often yields a fifty percent or greater rate of redemptions in the CP portfolio being noticed. (The redemption rate is directly related however, to the types of properties the tax liens are on. For example, CPs on residential properties are more likely to be redeemed than those on raw land.)<br /><br />What remains after the noticing period will more likely require commencement of a lawsuit to trigger redemption (or convert the CP to title of the property).<br /><br />Thus, encouraging as much redemption as possible before the third anniversary of the tax lien purchase accompllishes two goals:<br />(i), getting back to cash on the CP investments to enable new tax lien investments at the next auction (which in turn enables a compounding effect on the money collected); and<br />(ii), minimizing the exposure to legal costs, time for foreclosure activity, and potential real estate-owned management issues (such as eviction, securing the property, fix-up, marketing).<br /><br />Our office is pleased to assist investors with their pre-litigation notices; for those CP buyers who wish to prepare their own notices, see our special report: "<a href="http://www.cpexchange.com/index.php/visit-our-store" target="_blank">Mastering the 30-Day Notice of Intent to Foreclose</a>," at cpexchange.com.<br /><br /></p><h3>Encouraging redemption or selling the tax lien</h3>
<p><br />by Mark Manoil, December 27, 2010<br /><br />A Swiss man once explained to me his country's approach to remaining neutral in 20th Century European conflicts: prepare for war. The country made sure every able-bodied man was prepared to fight (trained and armed) in case of invasion. The Swiss had found that by being war-ready the need to actually defend themselves militarily seldom arose.<br /><br />In the tax lien context, "being prepared for war" is having taken care of the prerequisite jurisdictional noticing, which must precede filing any tax lien foreclosure. In many cases, often more than fifty percent of a maturing or matured CP portfolio will get redeemed simply after the sending of the 30 day notice. That substantially cuts down on the need to go to "war" -- i.e., file the tax foreclosure suit. And noticing may prove to be a less expensive alternative to discounting the sale price of a tax lien to cash out from the investment.<br /><br />Most tax lien buyers will willingly admit that they invest substantial resources in pre-purchase research and because they also incur non-refunded transaction costs, they might prefer to hold their CP investments a bit longer than a year to earn more interest and not have to find a reinvestment opportunity so soon. Besides, as a certificate holder they enjoy a statutory first right to subtax, i.e., pay the subsequent year delinquent taxes accruing on their CP parcels, on or after June 1 following the second half tax due date. <br /><br />If a lien purchased at a February auction is not redeemed in three years, the holder may initiate a tax lien foreclosure on the day after the third anniversary (assuming the notice of intent was properly given at least 30 days before). That means that in the interim between purchasing the tax lien and its maturing for foreclosure, the CP holder will have had the opportunitiy to pay and add to its CP three subsequent years of delinquent taxes--assuming the property owner did not pay any of those taxes--and earn the bid rate of interest for each susbseqent addition to the CP.<br /><br />Each new subtax investment starts a new simple interest "clock" running on that portion of the investment. If all subsequent years are delinquent and subtaxed, the CP would represent four years of taxes, each year representing a different effective internal rate of return (because of the different starting date of that portion of the CP investment).<br /><br /><strong>IRR.</strong> The quality of interest earned on certificates of purchase degrades over time. Because Arizona law provides that the CP bid rate for interest accrues on a simple--not compounded--basis, over time that lack of compounding leads to a lower internal rate of return on the investment. Internal rate of return (IRR) is the compounded annual rate of return on the investment over its life, from and after the initial purchase date, applied to the principal amount of the purchase plus any subsequent contributions.<br /><br />For example, a tax certificate purchased in February 2008 for $1000, and subtaxed for an additional $1000 in June and the months of June in the next two years, if purchased at a 16% bid rate, will have a January 2011 redemption value of about $5,227. The $4000 invested over three years will have earned about $1227 or a total return on investment of 30.67%. The internal rate of return, however, would work out to 14.37%. If the bid rate on the same CP was 7% instead of 16%, the final earnings would be only $537, an IRR of 6.62%. And if no subtaxes had been paid after the initial lien purchase, so that at redemption interest earnings were on the initial outlay of $1000 only, the $467 earned on the 16% CP would represent an IRR of 13.91%; the $204 earned on a 7% CP would represent a 6.52% IRR. Transactional and other costs, such as legal expenses, would further decrease the proceeds and IRR. (Setting up spreadsheets for these calculations are covered in Arizona Property Tax Liens -- Guide to Profit, Protection and Prosecution.)<br /><br />Thus, to enjoy the highest rates of return (ignoring momentarily unrecovered transactional costs of investing), ideally a CP investor would experience redemption within twelve months from making its investment, and then get to reinvest those cash proceeds at the same or higher rate. In this way earned interest would be put to work as principal invested in the replacement and be the basis for additional future interest earnings.<br /><br />Much has been written recently about large banks and hedge funds investing in property tax liens. Often the prime motivation for these investors is earning interest passively, not ultimately foreclosing on the tax lien parcels.<br /><br />Historically, 80-90 percent of tax liens are redeemed before the three year anniversary that triggers foreclosability. What's left at the three year mark, then, often has a couple predictable features:<br />(i), the tax liens are less leveraged, i.e., more tax debt is owing against the property in relation to the property's value; and<br />(ii), the CPs are likely to need legal work to be either collected or foreclosed.<br /><br />In our experience, the 30-day noticing process often yields a fifty percent or greater rate of redemptions in the CP portfolio being noticed. (The redemption rate is directly related however, to the types of properties the tax liens are on. For example, CPs on residential properties are more likely to be redeemed than those on raw land.)<br /><br />What remains after the noticing period will more likely require commencement of a lawsuit to trigger redemption (or convert the CP to title of the property).<br /><br />Thus, encouraging as much redemption as possible before the third anniversary of the tax lien purchase accompllishes two goals:<br />(i), getting back to cash on the CP investments to enable new tax lien investments at the next auction (which in turn enables a compounding effect on the money collected); and<br />(ii), minimizing the exposure to legal costs, time for foreclosure activity, and potential real estate-owned management issues (such as eviction, securing the property, fix-up, marketing).<br /><br />Our office is pleased to assist investors with their pre-litigation notices; for those CP buyers who wish to prepare their own notices, see our special report: "<a href="http://www.cpexchange.com/index.php/visit-our-store" target="_blank">Mastering the 30-Day Notice of Intent to Foreclose</a>," at cpexchange.com.<br /><br /></p>Maricopa Tax Sale White Paper2010-10-19T05:57:01+00:002010-10-19T05:57:01+00:00http://www.cpexchange.com/cp-buyer-update-blog/28-maricopa-tax-sale-white-paperMark Manoilmark.manoil@gmail.com<h2><em>February 2011 could be Maricopa County’s first ever $100 Million Auction</em></h2>
<p>October, 2010</p>
<div>We’ve published a new white paper about the anticipated size of the 2011 Maricopa County tax sale. Last year we accurately predicted a large jump in the size of the auction for February 2010. The advertised list ended up at $69.95 million, following $47.5 million being advertised for the the 2009 sale.</div>
<div>We expect the advertisement for the 2011 sale to be a sizable increase yet again, to at least $96 million and perhaps even more!<br /><a href="http://www.cpexchange.com/index.php/visit-our-store">Read more about the new report, entitled "2011 Maricopa Tax Auction to Exceed Historic 2010 Sale."</a></div><h2><em>February 2011 could be Maricopa County’s first ever $100 Million Auction</em></h2>
<p>October, 2010</p>
<div>We’ve published a new white paper about the anticipated size of the 2011 Maricopa County tax sale. Last year we accurately predicted a large jump in the size of the auction for February 2010. The advertised list ended up at $69.95 million, following $47.5 million being advertised for the the 2009 sale.</div>
<div>We expect the advertisement for the 2011 sale to be a sizable increase yet again, to at least $96 million and perhaps even more!<br /><a href="http://www.cpexchange.com/index.php/visit-our-store">Read more about the new report, entitled "2011 Maricopa Tax Auction to Exceed Historic 2010 Sale."</a></div>Tax Lien “Title-Raiding” Risk Reduced by Legislature2010-08-03T11:27:59+00:002010-08-03T11:27:59+00:00http://www.cpexchange.com/cp-buyer-update-blog/27-tax-lien-title-raiding-risk-reduced-by-legislatureMark Manoilmark.manoil@gmail.com<p>by Mark Manoil, August 2, 2010<span style="font-family: Times New Roman; font-size: small;"><span style="font-size: 12pt;"> </span></span></p>
<p><span style="font-family: Times New Roman; font-size: small;"><span style="font-size: 12pt;">The Arizona attorneys’ fees and costs law in property tax lien foreclosures was amended in this year’s legislative session. The new version, which took effect July 29, provides that if a person who redeems a delinquent property tax lien became an “owner” of the property after tax lien foreclosure commenced, and a notice of pending litigation was recorded, then that person is liable even if not formally served in the foreclosure.</span></span></p>
<p class="MsoNormal"> </p>
<p /><span style="font-family: Times New Roman; font-size: small;" /><span style="font-size: 12pt;" /> We believe it will reduce tax lien buyers’ risk of stranded legal expenses in the foreclosure action, particularly when third parties attempt to circumvent the tax lien investment and foreclosure process by acquiring a deed from the delinquent property owner, and then redeeming the tax lien, also known as “title-raiding.”.
<p>by Mark Manoil, August 2, 2010<span style="font-family: Times New Roman; font-size: small;"><span style="font-size: 12pt;"> </span></span></p>
<p><span style="font-family: Times New Roman; font-size: small;"><span style="font-size: 12pt;">The Arizona attorneys’ fees and costs law in property tax lien foreclosures was amended in this year’s legislative session. The new version, which took effect July 29, provides that if a person who redeems a delinquent property tax lien became an “owner” of the property after tax lien foreclosure commenced, and a notice of pending litigation was recorded, then that person is liable even if not formally served in the foreclosure.</span></span></p>
<p class="MsoNormal"> </p>
<p /><span style="font-family: Times New Roman; font-size: small;" /><span style="font-size: 12pt;" /> We believe it will reduce tax lien buyers’ risk of stranded legal expenses in the foreclosure action, particularly when third parties attempt to circumvent the tax lien investment and foreclosure process by acquiring a deed from the delinquent property owner, and then redeeming the tax lien, also known as “title-raiding.”.
Tactical Impacts of not Sub-Taxing2010-01-28T06:04:03+00:002010-01-28T06:04:03+00:00http://www.cpexchange.com/cp-buyer-update-blog/26-tactical-impacts-of-not-sub-taxingMark Manoilmark.manoil@gmail.com<p>by Mark Manoil, January 29, 2010</p>
<p><span style="white-space: pre;"> </span>Arizona property tax lien purchasers, by virtue of their Certificate of Purchase, are given a first right to purchase subsequent delinquent tax years on the same property and have those amounts added to their tax certificate, earning the same interest rate. In some counties, however, the action is actually a requirement, inasmuch as the failure to pay subsequent delinquent taxes (“subtax”) will expose the holder’s CP to being re-sold at the next auction along with the next delinquent year.</p>
<p> </p>
<p><strong>Single Certificate v. Multiple Certificate Counties</strong></p>
<p><span style="white-space: pre;"> </span>This latter treatment of subtaxes, i.e., making them a mandatory condition of retained ownership of the CP through subsequent tax auctions, is a policy set by the local county treasurer under an option given by state law. The requirement is not imposed in Maricopa or Pima Counties, the largest tax lien markets in Arizona. In these, tax liens for different tax years may be sold and held by different tax lien investors. The existence of separate CP’s creates special strategic considerations when approaching foreclosure of any one of them.</p>
<p><strong>Basic Legal Considerations</strong></p>
<p><span style="white-space: pre;"> </span>The right to redeem (pay off) a tax lien is very broadly granted under Arizona law. It explicitly includes in the class of potential redeemers CP holders of different years. (The lien “may be redeemed by: 1. The owner. 2. The owner's agent, assignee or attorney. 3. Any person who has a legal or equitable claim in the property, including a certificate of purchase of a different date.”)</p>
<p>by Mark Manoil, January 29, 2010</p>
<p><span style="white-space: pre;"> </span>Arizona property tax lien purchasers, by virtue of their Certificate of Purchase, are given a first right to purchase subsequent delinquent tax years on the same property and have those amounts added to their tax certificate, earning the same interest rate. In some counties, however, the action is actually a requirement, inasmuch as the failure to pay subsequent delinquent taxes (“subtax”) will expose the holder’s CP to being re-sold at the next auction along with the next delinquent year.</p>
<p> </p>
<p><strong>Single Certificate v. Multiple Certificate Counties</strong></p>
<p><span style="white-space: pre;"> </span>This latter treatment of subtaxes, i.e., making them a mandatory condition of retained ownership of the CP through subsequent tax auctions, is a policy set by the local county treasurer under an option given by state law. The requirement is not imposed in Maricopa or Pima Counties, the largest tax lien markets in Arizona. In these, tax liens for different tax years may be sold and held by different tax lien investors. The existence of separate CP’s creates special strategic considerations when approaching foreclosure of any one of them.</p>
<p><strong>Basic Legal Considerations</strong></p>
<p><span style="white-space: pre;"> </span>The right to redeem (pay off) a tax lien is very broadly granted under Arizona law. It explicitly includes in the class of potential redeemers CP holders of different years. (The lien “may be redeemed by: 1. The owner. 2. The owner's agent, assignee or attorney. 3. Any person who has a legal or equitable claim in the property, including a certificate of purchase of a different date.”)</p>
Three Ways to Buy a Tax Lien2010-01-28T05:46:20+00:002010-01-28T05:46:20+00:00http://www.cpexchange.com/cp-buyer-update-blog/25-three-ways-to-buy-a-tax-lienMark Manoilmark.manoil@gmail.com<p><span style="font-family: Arial, Helvetica, sans-serif; font-size: 14px; white-space: pre;">And a Nearly Sure-Fire Way to Lose Money</span></p>
<p><span style="white-space: pre;">b</span>y Mark Manoil, January 27, 2010</p>
<p><span style="white-space: pre;"> </span>Arizona law contemplates three principle ways to acquire a property tax lien: auction, assignment from the Treasurer, and assignment from another lienholder. The evidence of the tax lien is called a “Certificate of Purchase” often referred to as a “CP”.</p>
<p><span style="white-space: pre;"> </span>Tax lien auctions are required by law to be held during the month of February every year. In our recent report, “<a href="http://www.cpexchange.com/ecwin/ecwincode.html#ecwid:category=168318&mode=product&product=379524" target="_blank">2010 and 2011 Arizona Tax Lien Sales Promise to Be Largest in History</a>,” we explained why we thought the February 2010 auction was likely to be historic in size and provide great opportunities for CP investors. Our expectations were confirmed last week when the delinquent parcel list for Maricopa County was published.</p>
<p><span style="white-space: pre;"> </span>The purpose of this note, however, is to focus on assignments. While bidding at auction results in lower interest rates on the CP, investors who buy from the pool of liens not sold at auction, which becomes available after the auction, automatically get 16% rates on their CPs. Typically the liens to choose from are not as attractive as those bid for at auction, but may nonetheless provide valuable investment opportunities.</p>
<p><span style="white-space: pre;"> </span>A CP is transferable, from one investor to another, by the process called assignment. (Some county treasurer’s offices call this “reassignment”.) All that is required is a notarized sale document signed by the seller and identifying the particulars of the CP: the underlying property’s parcel identification number, the CP number, and the seller’s identifying information.</p>
<p />
<p><span style="font-family: Arial, Helvetica, sans-serif; font-size: 14px; white-space: pre;">And a Nearly Sure-Fire Way to Lose Money</span></p>
<p><span style="white-space: pre;">b</span>y Mark Manoil, January 27, 2010</p>
<p><span style="white-space: pre;"> </span>Arizona law contemplates three principle ways to acquire a property tax lien: auction, assignment from the Treasurer, and assignment from another lienholder. The evidence of the tax lien is called a “Certificate of Purchase” often referred to as a “CP”.</p>
<p><span style="white-space: pre;"> </span>Tax lien auctions are required by law to be held during the month of February every year. In our recent report, “<a href="http://www.cpexchange.com/ecwin/ecwincode.html#ecwid:category=168318&mode=product&product=379524" target="_blank">2010 and 2011 Arizona Tax Lien Sales Promise to Be Largest in History</a>,” we explained why we thought the February 2010 auction was likely to be historic in size and provide great opportunities for CP investors. Our expectations were confirmed last week when the delinquent parcel list for Maricopa County was published.</p>
<p><span style="white-space: pre;"> </span>The purpose of this note, however, is to focus on assignments. While bidding at auction results in lower interest rates on the CP, investors who buy from the pool of liens not sold at auction, which becomes available after the auction, automatically get 16% rates on their CPs. Typically the liens to choose from are not as attractive as those bid for at auction, but may nonetheless provide valuable investment opportunities.</p>
<p><span style="white-space: pre;"> </span>A CP is transferable, from one investor to another, by the process called assignment. (Some county treasurer’s offices call this “reassignment”.) All that is required is a notarized sale document signed by the seller and identifying the particulars of the CP: the underlying property’s parcel identification number, the CP number, and the seller’s identifying information.</p>
<p />
Upcoming Tax Lien Sales to be Historic2009-11-26T10:37:43+00:002009-11-26T10:37:43+00:00http://www.cpexchange.com/cp-buyer-update-blog/23-upcoming-tax-lien-sales-to-be-historicMark Henleyme@markhenley.com<!--[if gte mso 9]><xml>
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<p class="MsoNormal">by Mark Manoil</p>
<p class="MsoNormal">November 25,
2009</p>
<p class="MsoNormal">Given the big chill in the real estate market – whether from residential foreclosures or an
inactive commercial sector – many property owners have not paid their 2008 year property taxes.</p>
<p
class="MsoNormal">In a new report published this week at cpexchange.com, "2010 and 2011 Arizona Tax Lien Sales Promise to Be
Largest in History," we examine property tax indicators and trends from the last decade, and conclude that in delinquent tax
dollar terms, the 2010, and very probably 2011, annual property tax lien sales promise to be the largest in state history.
Moreover, tax certificate buyers are likely to be rewarded with higher average interest rates.</p>
<p
class="MsoNormal">Increasing property valuations leading up to the recent real estate bubble popping had resulted in
increased property tax assessments and tax liabilities on properties. The bubble popping meant that many properties
dramatically lost value, faster than the county assessor could accurately reflect on the tax roll.</p>
<p
class="MsoNormal">So, just as the 2009 tax sale (for unpaid 2007 tax year liabilities) showed a nearly 50 percent jump over
the February, 2008 sale for unpaid 2006 taxes, the 2010 increase of delinquent taxes advertised for sale over 2009 tax sale
maybe as much as 100 percent.</p>
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<p class="MsoNormal">by Mark Manoil</p>
<p class="MsoNormal">November 25,
2009</p>
<p class="MsoNormal">Given the big chill in the real estate market – whether from residential foreclosures or an
inactive commercial sector – many property owners have not paid their 2008 year property taxes.</p>
<p
class="MsoNormal">In a new report published this week at cpexchange.com, "2010 and 2011 Arizona Tax Lien Sales Promise to Be
Largest in History," we examine property tax indicators and trends from the last decade, and conclude that in delinquent tax
dollar terms, the 2010, and very probably 2011, annual property tax lien sales promise to be the largest in state history.
Moreover, tax certificate buyers are likely to be rewarded with higher average interest rates.</p>
<p
class="MsoNormal">Increasing property valuations leading up to the recent real estate bubble popping had resulted in
increased property tax assessments and tax liabilities on properties. The bubble popping meant that many properties
dramatically lost value, faster than the county assessor could accurately reflect on the tax roll.</p>
<p
class="MsoNormal">So, just as the 2009 tax sale (for unpaid 2007 tax year liabilities) showed a nearly 50 percent jump over
the February, 2008 sale for unpaid 2006 taxes, the 2010 increase of delinquent taxes advertised for sale over 2009 tax sale
maybe as much as 100 percent.</p>
Homes in polygamous community in jeopardy because of tax liens2009-10-17T23:15:19+00:002009-10-17T23:15:19+00:00http://www.cpexchange.com/cp-buyer-update-blog/1-polygamists-adv-mohave-countyMark Henleyme@markhenley.com<p><span><span>
<!--subtitle-->
<div id="articleSubTitle" class="articleSubTitle">UEP Trust » Finger-pointing under way in growing
financial problem</div>
<!--byline-->
<div id="articleByline" class="articleByline"><a href="mailto:brooke@sltrib.com?
subject=Salt%20Lake%20Tribune:%20Homes%20in%20polygamous%20community%20in%20jeopardy%20because%20of%20tax%20liens">
<p>By
Brooke Adams</p>
<p>The Salt Lake Tribune</p>
</a></div>
<!--date-->
<div id="articleDate"
class="articleDate">Updated: 10/17/2009 08:35:06 AM MDT</div>
<!--secondary date--></span></span></p>
<p><span><span>
<p>Unpaid property taxes have put control of more than 150 homes in a polygamous community in jeopardy and more may soon
be at risk -- part of a growing financial crisis that has reignited a rift between sect members and a court-appointed
overseer.</p>
<p>Investment interests in 35 large, communal properties that are part of the United Effort Plan Trust were
auctioned in a Mohave County tax lien certificate sale in February. The sale was triggered after about $124,000 of the $1.2
million total tax bill in Colorado City went unpaid in 2007.</p>
<p><a href="http://www.sltrib.com/news/ci_13581902"
target="_blank">See full article here</a> .</p>
</span></span></p><p><span><span>
<!--subtitle-->
<div id="articleSubTitle" class="articleSubTitle">UEP Trust » Finger-pointing under way in growing
financial problem</div>
<!--byline-->
<div id="articleByline" class="articleByline"><a href="mailto:brooke@sltrib.com?
subject=Salt%20Lake%20Tribune:%20Homes%20in%20polygamous%20community%20in%20jeopardy%20because%20of%20tax%20liens">
<p>By
Brooke Adams</p>
<p>The Salt Lake Tribune</p>
</a></div>
<!--date-->
<div id="articleDate"
class="articleDate">Updated: 10/17/2009 08:35:06 AM MDT</div>
<!--secondary date--></span></span></p>
<p><span><span>
<p>Unpaid property taxes have put control of more than 150 homes in a polygamous community in jeopardy and more may soon
be at risk -- part of a growing financial crisis that has reignited a rift between sect members and a court-appointed
overseer.</p>
<p>Investment interests in 35 large, communal properties that are part of the United Effort Plan Trust were
auctioned in a Mohave County tax lien certificate sale in February. The sale was triggered after about $124,000 of the $1.2
million total tax bill in Colorado City went unpaid in 2007.</p>
<p><a href="http://www.sltrib.com/news/ci_13581902"
target="_blank">See full article here</a> .</p>
</span></span></p>Why Should I Subtax My Certificate of Purchase?2009-02-02T12:00:50+00:002009-02-02T12:00:50+00:00http://www.cpexchange.com/cp-buyer-update-blog/8-why-should-i-subtax-my-certificate-of-purchaseMark Henleyme@markhenley.com<p>May 18,
2009</p>
<p><strong>"I bought a certificate of purchase at the tax lien auction. I understand that gives me a right to
pay subsequent delinquent taxes on the same parcel and add those amounts to the certificate of purchase. Why should
I?"</strong></p>
<p>On or after June 1, existing certificate of purchase holders have the first right to add the next
delinquent year's taxes on the parcel to their certificate. The additional tax amounts will bear interest at the original
bid rate on the CP. There are several considerations to keep in mind when deciding whether or not to pay subsequent
delinquent taxes on a certificate of purchase. The decision can impact both the likelihood of CP redemption and successful
foreclosure.
<p>May 18,
2009</p>
<p><strong>"I bought a certificate of purchase at the tax lien auction. I understand that gives me a right to
pay subsequent delinquent taxes on the same parcel and add those amounts to the certificate of purchase. Why should
I?"</strong></p>
<p>On or after June 1, existing certificate of purchase holders have the first right to add the next
delinquent year's taxes on the parcel to their certificate. The additional tax amounts will bear interest at the original
bid rate on the CP. There are several considerations to keep in mind when deciding whether or not to pay subsequent
delinquent taxes on a certificate of purchase. The decision can impact both the likelihood of CP redemption and successful
foreclosure.
Navigating Arizona’s statutes of limitation for property tax lien foreclosure2009-03-15T03:38:35+00:002009-03-15T03:38:35+00:00http://www.cpexchange.com/cp-buyer-update-blog/2-navigating-arizonas-statutes-of-%20%20%20%20limitation-for-property-tax-lien-foreclosureMark Henleyme@markhenley.com<p>March 20, 2009</p>
<p>Statutes of limitation provide a finite time
in which to bring suit on a claim, and after that period, the claim is barred. In the tax lien context, the certificate of
purchase “expires” if not timely enforced.<br /> <br /> Arizona has three different statutes pertaining to limitations on
foreclosure of property tax liens. Multiplicity of statutes is the result of different legislative sessions treating the
subject of tax lien expiration prospectively first (i.e., not applying to already-issued tax liens), then retrospectively.
Because there are differences among them, the statutes create both redundancy and ambiguity.</p>
<p>
<p>March 20, 2009</p>
<p>Statutes of limitation provide a finite time
in which to bring suit on a claim, and after that period, the claim is barred. In the tax lien context, the certificate of
purchase “expires” if not timely enforced.<br /> <br /> Arizona has three different statutes pertaining to limitations on
foreclosure of property tax liens. Multiplicity of statutes is the result of different legislative sessions treating the
subject of tax lien expiration prospectively first (i.e., not applying to already-issued tax liens), then retrospectively.
Because there are differences among them, the statutes create both redundancy and ambiguity.</p>
<p>
Working with "Registered" Certificates of Purchase2009-03-15T02:59:53+00:002009-03-15T02:59:53+00:00http://www.cpexchange.com/cp-buyer-update-blog/14-working-with-qregisteredq-certificates-of-purchaseMark Henleyme@markhenley.com<p>March 14, 2009</p>
<p>Do not be alarmed if you recently purchased tax liens from one or more of the Arizona County
Treasurer’s back tax auctions and you did not receive a physical certificate of purchase. Arizona law allows county
treasurers to adopt a “registered certificate” system. Under this system, they no longer issue paper certificates of
purchase. Instead, they periodically send out a portfolio statement that indicates the certificate of purchase number, tax
parcel number, date of purchase, interest rate, and amount paid, as well as the name of the bidder, and bidder number, if one
is used. <br /><br />
<p>March 14, 2009</p>
<p>Do not be alarmed if you recently purchased tax liens from one or more of the Arizona County
Treasurer’s back tax auctions and you did not receive a physical certificate of purchase. Arizona law allows county
treasurers to adopt a “registered certificate” system. Under this system, they no longer issue paper certificates of
purchase. Instead, they periodically send out a portfolio statement that indicates the certificate of purchase number, tax
parcel number, date of purchase, interest rate, and amount paid, as well as the name of the bidder, and bidder number, if one
is used. <br /><br />
Easements and Deed Restrictions in Tax Foreclosures2009-02-02T12:14:23+00:002009-02-02T12:14:23+00:00http://www.cpexchange.com/cp-buyer-update-blog/9-easements-and-deed-restrictions-in-tax-foreclosuresMark Henleyme@markhenley.com<p>March 2, 2009</p>
<p><strong>"Can I wipe out easements or deed restrictions on a property through tax lien
foreclosure?"</strong><br /> <br /> No. The tax lien sale and foreclosure statutes explicitly provide that easements and
certain liens for special improvement district assessments are not extinguished by the sale or foreclosure of property tax
liens.
<p>March 2, 2009</p>
<p><strong>"Can I wipe out easements or deed restrictions on a property through tax lien
foreclosure?"</strong><br /> <br /> No. The tax lien sale and foreclosure statutes explicitly provide that easements and
certain liens for special improvement district assessments are not extinguished by the sale or foreclosure of property tax
liens.
Pledging to not raise taxes2009-02-21T11:03:15+00:002009-02-21T11:03:15+00:00http://www.cpexchange.com/cp-buyer-update-blog/11-pledging-to-not-raise-taxesMark Henleyme@markhenley.com<p>by Mary Jo Pitzl, Political Insider</p>
<p>azcentral.com/The Arizona Republic</p>
<p>February 18, 2009</p>
<p>At least 38 of Arizona's 90 lawmakers have
signed the State Taxpayer Protection Pledge promoted by Americans for Tax Reform.</p>
<p>That means they have promised to
"oppose and vote against any and all efforts to increase taxes," according to the wording of the pledge.</p>
<p><a
href="http://www.azcentral.com/members/Blog/PoliticalInsider/46537" target="_blank">Full Article</a></p><p>by Mary Jo Pitzl, Political Insider</p>
<p>azcentral.com/The Arizona Republic</p>
<p>February 18, 2009</p>
<p>At least 38 of Arizona's 90 lawmakers have
signed the State Taxpayer Protection Pledge promoted by Americans for Tax Reform.</p>
<p>That means they have promised to
"oppose and vote against any and all efforts to increase taxes," according to the wording of the pledge.</p>
<p><a
href="http://www.azcentral.com/members/Blog/PoliticalInsider/46537" target="_blank">Full Article</a></p>Dems tout bills they say complement Obama's plan2009-02-20T23:44:19+00:002009-02-20T23:44:19+00:00http://www.cpexchange.com/cp-buyer-update-blog/13-dems-tout-bills-they-say-complement-obamas-planMark Henleyme@markhenley.com<p>by
<strong>Carolina Madrid</strong> - Feb. 19, 2009 07:53 PM<br /> <span class="org">Cronkite News Service</span></p>
<p>A
day after President Barack Obama visited Arizona to announce his relief plan for beleaguered homeowners, House Democrats on
Thursday touted five bills they said would offer further help for those <a
href="http://www.azcentral.com/news/election/azelections/articles/2009/02/19/20090219politics-foreclosure0220.html#"
target="_top"><span style="font-weight: 400; font-size: 14.4px; position: static; font-family: Helvetica,Arial,sans-serif;
color: #2573c2;"><span class="rcLink" style="border-bottom: 1px dashed #2573c2; font-weight: 400; font-size: 14.4px;
position: static; background-color: transparent;">facing </span><span class="rcLink" style="border-bottom: 1px dashed
#2573c2; font-weight: 400; font-size: 14.4px; position: static; background-color:
transparent;">foreclosure</span></span></a>.</p>
<p>"Federal action is not enough," said Attorney General Terry Goddard,
who joined a news conference on a plan called "<a
href="http://www.azcentral.com/news/election/azelections/articles/2009/02/19/20090219politics-foreclosure0220.html#"
target="_top"><span style="font-weight: 400; font-size: 14.4px; position: static; font-family: Helvetica,Arial,sans-serif;
color: #2573c2;"><span class="rcLink" style="font-weight: 400; font-size: 14.4px; position:
static;">Foreclosure</span></span></a> Relief for a Stronger Arizona."</p>
<p><a
href="http://www.azcentral.com/news/election/azelections/articles/2009/02/19/20090219politics-foreclosure0220.html"
target="_blank">Full Article</a></p><p>by
<strong>Carolina Madrid</strong> - Feb. 19, 2009 07:53 PM<br /> <span class="org">Cronkite News Service</span></p>
<p>A
day after President Barack Obama visited Arizona to announce his relief plan for beleaguered homeowners, House Democrats on
Thursday touted five bills they said would offer further help for those <a
href="http://www.azcentral.com/news/election/azelections/articles/2009/02/19/20090219politics-foreclosure0220.html#"
target="_top"><span style="font-weight: 400; font-size: 14.4px; position: static; font-family: Helvetica,Arial,sans-serif;
color: #2573c2;"><span class="rcLink" style="border-bottom: 1px dashed #2573c2; font-weight: 400; font-size: 14.4px;
position: static; background-color: transparent;">facing </span><span class="rcLink" style="border-bottom: 1px dashed
#2573c2; font-weight: 400; font-size: 14.4px; position: static; background-color:
transparent;">foreclosure</span></span></a>.</p>
<p>"Federal action is not enough," said Attorney General Terry Goddard,
who joined a news conference on a plan called "<a
href="http://www.azcentral.com/news/election/azelections/articles/2009/02/19/20090219politics-foreclosure0220.html#"
target="_top"><span style="font-weight: 400; font-size: 14.4px; position: static; font-family: Helvetica,Arial,sans-serif;
color: #2573c2;"><span class="rcLink" style="font-weight: 400; font-size: 14.4px; position:
static;">Foreclosure</span></span></a> Relief for a Stronger Arizona."</p>
<p><a
href="http://www.azcentral.com/news/election/azelections/articles/2009/02/19/20090219politics-foreclosure0220.html"
target="_blank">Full Article</a></p>OPINION: It's 'impossible' to raise taxes under state's rules2009-02-20T02:13:44+00:002009-02-20T02:13:44+00:00http://www.cpexchange.com/cp-buyer-update-blog/12-opinion-its-impossible-to-raise-taxes-under-%20%20%20%20states-rulesMark Henleyme@markhenley.com<div class="storybytitle"><em><span class="allcaps">Special to the Arizona Daily Star </span></em></div>
<div class="siteinfo">Tucson, Arizona | Published: 02.19.2009</div>
<div class="bannerinstory">
<div
class="advert"></div>
</div>
<div>Arizona newspapers report that House Republicans' top priority is to permanently
repeal the state property tax, calculated to be worth $250 million in annual revenue</div>
<div></div>
<div>We need a
"creative finance" specialist to explain how repealing the tax will close our severe budget deficit. This is more a
reflection of the success of well-paid corporate lobbyists than principle over an unfair situation.</div>
<div></div>
<div><a href="http://www.azstarnet.com/sn/fromcomments/280806.php" target="_blank">Full article</a></div><div class="storybytitle"><em><span class="allcaps">Special to the Arizona Daily Star </span></em></div>
<div class="siteinfo">Tucson, Arizona | Published: 02.19.2009</div>
<div class="bannerinstory">
<div
class="advert"></div>
</div>
<div>Arizona newspapers report that House Republicans' top priority is to permanently
repeal the state property tax, calculated to be worth $250 million in annual revenue</div>
<div></div>
<div>We need a
"creative finance" specialist to explain how repealing the tax will close our severe budget deficit. This is more a
reflection of the success of well-paid corporate lobbyists than principle over an unfair situation.</div>
<div></div>
<div><a href="http://www.azstarnet.com/sn/fromcomments/280806.php" target="_blank">Full article</a></div>Exit Strategies Other Than Foreclosure2009-02-01T10:01:18+00:002009-02-01T10:01:18+00:00http://www.cpexchange.com/cp-buyer-update-blog/7-exit-strategies-other-than-foreclosureMark Henleyme@markhenley.com<p>February 9, 2009</p>
<p><strong>"I bought tax liens several years ago that have not been redeemed and I don’t want to deal with foreclosure on
them. What else can I do?"</strong><br /> <br /> Arizona tax liens are now subject to statutes of limitations so that if you
do nothing, they will eventually expire and you will be able to write them off as a tax loss. Assuming you would like to
receive some value for them, if not have them be redeemed, you could <a href="http://www.cpexchange.com//index.php?
option=com_facileforms&amp;Itemid=50" target="_blank">sell the tax lien</a> to a willing buyer for whatever price you can
negotiate. That price may simply be the redemption value of the tax lien, which you can obtain from the County Treasurer’s
office, or a greater or lesser amount based on other variables such as the quality of the property and unique facts known
about the owner or the likelihood of foreclosure.</p>
<p>
<p>February 9, 2009</p>
<p><strong>"I bought tax liens several years ago that have not been redeemed and I don’t want to deal with foreclosure on
them. What else can I do?"</strong><br /> <br /> Arizona tax liens are now subject to statutes of limitations so that if you
do nothing, they will eventually expire and you will be able to write them off as a tax loss. Assuming you would like to
receive some value for them, if not have them be redeemed, you could <a href="/index.php?
option=com_facileforms&amp;Itemid=50" target="_blank">sell the tax lien</a> to a willing buyer for whatever price you can
negotiate. That price may simply be the redemption value of the tax lien, which you can obtain from the County Treasurer’s
office, or a greater or lesser amount based on other variables such as the quality of the property and unique facts known
about the owner or the likelihood of foreclosure.</p>
<p>